Prosecutor's Office launches an investigation into a breach of duties at the PKP CARGO

The territory Attorney's Office in Warsaw initiated an investigation into the failure to fulfil obligations and abuse of powers at PKP Cargo between 25 July 2022 and 31 July 2023. The case is connected with the implementation of the alleged coal decision which took place in July 2022.

Background and background of the coal decision

The coal decision, made by then Prime Minister Mateusz Morawiecki, obliged PKP Cargo to transport coal from Baltic ports, which took place at the expense of another more profitable orders. The effects of this decision were severe for the company and had long-term financial consequences. According to Marcin Wojewódka, acting president of PKP Cargo, the implementation of this decision by the then board led to the abandonment of commercial orders for coal transport, which contributed to immense financial losses of the company.

"PKP Cargo is inactive severely affected by the alleged coal decision by Mateusz Morawiecki of July 2022 and the way it was implemented by the then management of PKP Cargo Company. It directed a rolling stock of PKP Cargo to transport coal from Baltic ports. This was at the expense of abandoning another commercial and profitable orders.” Marcin Wojewódka.

Notification to the EPPO

In June 2023, the current board of PKP Cargo submitted a announcement to the D.A. that members of the board of directors suspected a criminal offence against the company between 2022 and 2023. The notification concerns a violation of Article 296 § 3 of the Criminal Code, which mentions the inefficiencies of the large size and the failure to fulfil obligations which led to tremendous losses in the company.

"Therefore, in June this year, the current board of PKP Cargo submitted a announcement to the D.A. about the suspicion of the Company having committed a crime to the detriment of the Members of the Management Board from 2022 to 2023; with Article 296 §3 k.k. of the inefficiencies of large size and failure to fulfil obligations which led to gigantic losses and ongoing problems in the Company." Marcin Wojewódka.

Letter to Donald Tusk

At the end of July 2023, PKP Cargo, together with trade unions, sent a letter to Donald Tusk, in which they request compensation for the costs incurred related to the implementation of the coal decision. The letter stressed that PKP Cargo carried 4.5 million tonnes of coal, which was at the expense of losing profitable contracts and caused crucial financial losses.

"We request urgent compensation for the costs incurred by PKP Cargo S.A. as a consequence of the execution of the coal transport of 4.5 million tonnes and its distribution to locations deployed throughout the country by 31 December 2022 in connection with decisions of the president of the Council of Ministers of 25 July 2022 and 6 October 2022, the alleged coal decision", we read at the beginning of a letter addressed to Donald Tusk.

Consequences for PKP Cargo

The implementation of the coal decision by the then board of PKP Cargo had serious consequences for the company. The abandonment of profitable coal transport contracts caused losses in tens or even hundreds of millions of PLN. As a result, PKP Cargo lost crucial customers who turned on the company for good.

"The execution of this thought by the then board was worse than fatal. In general, there was no care for existing customers, who, for example, ordered aggregate transport, and they gave up practically overnight profitable contracts, shifting almost exclusively to coal. The company lost profitable and promising contracts, and customers were offended by PKP Cargo for good. As a result, the company lost dozens and even hundreds of millions of zlotys.” Marcin Wojewódka.

Conclusion

The investigation initiated by the territory Attorney's Office in Warsaw aims to explain whether between 2022 and 2023 there was abuse of powers and a failure of the members of the board of directors of PKP Cargo, which was to lead to gigantic financial losses of the company. The coal decision and its implementation by the then management stay a key component of the case. The current board of PKP Cargo, together with the trade unions, demands compensation for the losses incurred, which underlines the importance and seriousness of the situation.

Daniel Głogowski

Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.